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As it happenedended

Harvey Weinstein hearing - live updates: Sex assault trial to proceed after New York judge denies dismissal

Chris Stevenson
New York
Thursday 20 December 2018 16:36 GMT
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Rose McGowan: 'everybody knew' in Hollywood of Harvey Weinstein allegations

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Harvey Weinstein is in court in New York as a judge decides on the future of his sexual assault case.

Judge James Burke is expected to decide whether to drop some or all of the charges against Weinstein, schedule a trial or throw out the indictment against the file producer, allowing prosecutors to file a new one. Weinstein has denied all charges against him.

A recent flurry of court papers from Weinstein's lawyers say the case has devolved into chaos, but prosecutors say there is ample evidence to move forward to trial.

Follow updates in our liveblog below

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Hello and welcome to our coverage of the latest hearing in Harvey Weinstein's sexual assault case.

Chris Stevenson20 December 2018 14:10

Judge James Burke is expected to decide whether to drop some or all of the charges against Weinstein, schedule a trial or throw out the indictment against the file producer allowing prosecutors to file a new one.

Chris Stevenson20 December 2018 14:10

​A recent flurry of court papers from Weinstein's lawyers say the case has devolved into chaos and prosecutors say there is ample evidence to move forward to trial.

Weinstein's lawyer, Benjamin Brafman, says the case has been “irreparably tainted” by police Detective Nicholas DiGaudio's alleged interference with a witness and an accuser.

Chris Stevenson20 December 2018 14:10

in October Manhattan prosecutors dropped one of the charges after evidence surfaced that Nicholas  DiGaudio instructed a potential witness in the case to keep some of her doubts about the veracity of the allegations to herself. 

Mr DiGaudio allegedly told the witness last February that "less is more" but kept prosecutors in the dark. That witness never testified before the grand jury that indicted Weinstein. 

Prosecutors also disclosed an allegation that DiGaudio urged the 2013 rape accuser to delete private material from her cellphones before handing them over to the DA's office. Prosecutors said the material didn't pertain to Weinstein and the woman wound up not deleting anything. 

Chris Stevenson20 December 2018 14:12

Weinstein faces charges of raping a woman he knew in a hotel room in March 2013 and fsexually assaulting in 2006 at his Manhattan apartment.

Weinstein denies all allegations of non-consensual sex. 

Chris Stevenson20 December 2018 14:14

Our reporter Chris Riotta is down at the courthouse, here was the scene before Weinstein arrived.

 

Chris Stevenson20 December 2018 14:30

And here is some video of Weinstein as he heads into court.

Chris Stevenson20 December 2018 14:32

A dismissal of the charges would be a big setback to Manhattan District Attorney Cyrus Vance Jr., who was criticised for declining to pursue criminal charges against Weinstein when he was accused of groping an Italian model in 2015. Weinstein denied that allegation.

However, such a ruling would not rule out prosecutors bringing charges involving other women who say they were sexually assaulted by Weinstein in New York.

Chris Stevenson20 December 2018 14:37

The judge could keep the indictment in place, but grant the defense's request for an evidentiary hearing. There, police investigators could be summoned to court to answer questions about alleged misconduct.

Chris Stevenson20 December 2018 14:43

Here is a bit more video of Weinstein making his way through the courthouse.

 

Chris Stevenson20 December 2018 14:46

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